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Can vs can't of street photography in New Zealand

Photography Asked on December 27, 2020

Let’s say a photographer takes some street photography and sells the prints in a gallery.

What is ok vs not ok regarding people being in the photos, that are taken in NZ?

Let’s assume the photographer is not being a d* ck and if someone asks them to not photograph them, they don’t, they don’t misrepresent a subject etc etc
Let’s also assume the photos are not for journalism.

What would make the following ok:

  1. Crowd of people in a public place (e.g., crossing the street)
  2. A single person in a public place (e.g., crossing the street)
  3. Crowd of people in a public-private place (e.g., bar or cafe)
  4. Single person in a public-private place (e.g., bar or cafe)
  5. Crowd of people on private property which is not open to the public.
  6. Single person on private property which is not open to the public

Would permission be needed, would it need to be in writing etc etc? Would it make a difference if the photograph was used to advertise the opening of the show at the gallery?

(I know these are several questions, but it would be silly to split them into several which would then be flagged as duplicates!)
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One Answer

Ask the New Zealand Police...

https://www.police.govt.nz/faq/what-are-rules-around-taking-photos-or-filming-public-place

It is generally lawful to take photographs of people in public places without their consent. However, you must not film or take photos of people if they are in a place where they can expect privacy (such as a public changing area or toilet) and that person:

  • is naked, in underclothes, showering, toileting etc
  • is unaware of being filmed or photographed
  • has not given consent to be filmed or photographed.

You should not take photos of people if:

  • they are in a place where they would expect reasonable privacy and publication would be highly offensive to an objective and reasonable person
  • it has potential to stop other people's use and enjoyment of the same place
  • you have no legitimate reason for taking the film or photos.

However, you can take and/or publish photos or film of people where there is no expectation of privacy, such as a beach, shopping mall, park or other public place.

Answered by Steven Kersting on December 27, 2020

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